(SS) Midwood v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMay 2, 20252:24-cv-01668California3,589 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMIE MARGARET MIDWOOD, No. 2:24-cv-1668 AC Plaintiff, v. ORDER COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant.

17 Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), upholding a reduction in Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act (“the Act”), 42 U.S.C. §§ 1381-1383f, by the full amount of said SSI from April 2016 to November 2021, due to In-Kind Support and Maintenance (“ISM”).1 For the reasons that follow, the court will DENY plaintiff’s motion for summary judgment, and GRANT the Commissioner’s cross-motion for summary judgment. //// ////

SSI is paid to financially needy disabled persons. 42 U.S.C. § 1382(a); Washington State Dept. of Social and Health Services v. Guardianship Estate of Keffeler, 537 U.S. 371, 375 (2003) (“Title XVI of the Act, § 1381 et seq., is the Supplemental Security Income (SSI) scheme of benefits for aged,…

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